When you buy a house, there are several things that typically come with it. These may include appliances such as a stove, refrigerator, and dishwasher. Additionally, many houses come with built-in features such as ceiling fans, lighting fixtures, and window treatments. Finally, outdoor features like a garage, shed, or patio furniture may also be included with the house.
Real Estate is usually defined as the land and everything attached to it, such as:
buildings, trees, shrubs, fences, etc. The buyer normally gets all of the real estate, but none of the owner’s personal property. The problem arises when personal property has become part of the real estate. This is called a fixture and does not pass with the real estate.
There are three usual tests which must be satisfied. Has the personal property been permanently annexed to the real estate? Is it intended to become part of the real estate? Finally, what is the local custom? Usual fixtures might include: shades, heaters, ranges, screens, storm windows, lighting fixtures, etc.
It is important that the seller spell out specifically in the sales agreement exactly what he intends to give to the buyer as part of real estate. This will save misunderstanding at the closing, and sometimes save a sale.
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